B. Flanagan

The defendant to the counterclaim brought a motion for security for costs against the plaintiff by counterclaim following an apartment fire.

The moving party relied on unpaid costs from a previous motion and argued the counterclaim was frivolous and vexatious.

The court found the moving party met its initial burden under Rules 56.01(1)(c) and (e) of the Rules of Civil Procedure.

The responding party failed to demonstrate impecuniosity or that the counterclaim had a good chance of success.

The court ordered the responding party to post $14,000 in security for costs, payable in tranches.

The self-represented defendant moved to dismiss the plaintiff's action for delay under Rule 24.01(1)(c) of the Rules of Civil Procedure, arguing the plaintiff failed to set the action down for trial within six months of the close of pleadings.

The court found that the delay was neither intentional nor contumelious, but rather resulted from disputes over a discovery plan and competing motions.

Concluding that the delay was not inordinate or inexcusable and that there was no substantial risk to a fair trial, the court dismissed the motion and awarded partial indemnity costs to the plaintiff.